Facebook, Inc. v. MaxBounty, Inc

Filing 29

Declaration of John S. LeRoy in Support of 28 Stipulation filed byMaxBounty, Inc. (Related document(s) 28 ) (LeRoy, John) (Filed on 12/23/2010)

Facebook, Inc. v. MaxBounty, Inc

Doc. 29

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Mark B. Mizrahi, State Bar No. 179384 [e-mail] BROOKS KUSHMAN P.C. 6701 Center Drive, Suite 610 Los Angeles, CA 90045 Tel. [phone]; Fax [phone] Thomas A. Lewry (Admitted Pro Hac Vice) [e-mail] John S. LeRoy (Admitted Pro Hac Vice) [e-mail] BROOKS KUSHMAN P.C. 1000 Town Center, Twenty-Second Floor Southfield, MI 48075 Tel. [phone]; Fax [phone] Attorneys for Defendant MaxBounty, Inc.

UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 15 16 17 Plaintiff, 18 19 20 21 22 23 24 25 26 27 28 MAXBOUNTY, INC., a Canadian corporation, Defendant. v. FACEBOOK, INC., a Delaware corporation, Case No. 5:10-cv-4712-JF (HRL) DECLARATION OF JOHN S. LeROY IN SUPPORT OF JOINT STIPULATION TO CONTINUE RULE 16(b) SCHEDULING CONFERENCE

Dockets.Justia.com

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I, JOHN S. LeROY, declare as follows: 1. I am counsel for Defendant MaxBounty, Inc.'s ("MaxBounty") in the aboveI am making this declaration in support of the concurrently filed Joint

captioned matter.

Stipulation to Continue Rule 16(b) Scheduling Conference.

2.

I make this declaration of my own knowledge except where indicated. I am

competent to testify to the following facts and, if called upon to testify, I could and would testify thereto.

3.

On December 9, 2010, the Court set a Case Management Conference for January

14, 2011 at 10:30 AM (Dkt. #20.).

4.

On November 30, 2010, MaxBounty filed its Motion to Dismiss Counts I, II and

III of Facebook's Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) ("Motion to Dismiss") (Dkt. #11.).. The Motion to Dismiss is set for hearing on February 11, 2011.

5.

MaxBounty believes that the identity and scope of the claims asserted in the

litigation will dramatically influence the scope of discovery and any Rule 26(f) conference. Thus, were the Court to grant the Motion to Dismiss, the claims encompassed by Counts I, II and III of Facebook's Complaint would be off limits for discovery. MaxBounty, therefore, contends that waiting until after the Court rules on the Motion to Dismiss will facilitate greater efficiency by allowing the parties and the Court to set a case schedule based on the claims actually at issue in the case.

6.

Facebook previously provided MaxBounty with a 20 day extension of time to

answer the Complaint in this action.

DECLARATION OF JOHN S. LEROY Case No.10-cv-04712-JF

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7.

I am informed and believes that granting the requested continuance of the Case

Management Conference until after the Court rules on the Motion to Dismiss will not impact any dates set by the Court in this case other than the date for the Case Management Conference itself.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed at Southfield, Michigan on December 23, 2010.

/s/ John S. LeRoy

DECLARATION OF JOHN S. LEROY Case No.10-cv-04712-JF

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CERTIFICATE OF ELECTRONIC SERVICE I hereby certify that on December 23, 2010, I electronically filed the foregoing document with the Clerk of the Court for the Northern District of California using the ECF System which will send notification to the following registered participants of the ECF System as listed on the Court's Notice of Electronic Filing: Joseph Perry Cutler and Brian Patrick Hennessy. I also certify that I have mailed by United States Postal Service the paper to the following non-participants in the ECF System: James M. McCullagh Perkins Cole LLP 1201 Third Avenue Suite 4800 Seattle, WA 98101 By: /s/ John S. LeRoy John S. LeRoy [e-mail] BROOKS KUSHMAN P.C. Attorneys for Defendant, MaxBountry, Inc.

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DECLARATION OF JOHN S. LEROY Case No.10-cv-04712-JF 3